§ 5 §9057 — Evidence

Maine § 5 §9057

• Jurisdiction: Maine
• Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
• Part 18: ADMINISTRATIVE PROCEDURES
• Ch. 375: MAINE ADMINISTRATIVE PROCEDURE ACT

Text

1.
Rules of privilege.
Unless otherwise provided by statute, agencies need not observe the rules of evidence observed by courts, but shall observe the rules of privilege recognized by law.
2.
Evidence.
Evidence shall be admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Agencies may exclude irrelevant or unduly repetitious evidence.
3.
Witnesses.
All witnesses shall be sworn.
4.
Prefiling testimony.
Subject to these requirements, an agency may, for the purposes of expediting adjudicatory proceedings, require procedures for the prefiling of all or part of the testimony of any witness in written form. Every such witness shall be subject to oral cross-examination.
5.
Written evidence; exception.
No sworn written evidence shall be admitted unless the author is available for cross-examination or subject to subpoena, except for good cause shown.
6.
Confidential information.
Information may be disclosed that is confidential pursuant to Title 22, chapters 958‑A and 1071 and sections 7703 and 1828; Title 24, section 2506; and Title 34‑A, except for information, the disclosure of which is absolutely prohibited under Title 34‑A, section 1216. Disclosure may be only for the determination of issues involving unemployment compensation proceedings relating to a state employee, state agency personnel actions and professional or occupational board licensure, certification or registration.

Legislative History

PL 1977, c. 551, §3 (NEW). PL 1987, c. 714, §1 (AMD). PL 1989, c. 175, §1 (AMD). PL 1997, c. 271, §1 (AMD). PL 2003, c. 205, §1 (AMD).